RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping; Big Game

[52 Pa.B. 3065]
[Saturday, May 28, 2022]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 9, 2022, meeting amends § 141.47 (relating to elk seasons) to eliminate the outdated reference to the elk season orientation.

 This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 Notice of proposed rulemaking was published at 51 Pa.B. 6611 (October 23, 2021).

1. Purpose and Authority

 The Commission has historically required mandatory hunter orientation for all hunters successfully drawn for an elk license. The purpose of this orientation was to provide hunters with important information about this unique hunt. The Commission has since transitioned away from this in-person orientation training and now provides hunters with all of the necessary instructions by mail along with their licensing materials. In light of this change in process, the Commission amends § 141.47 to eliminate the outdated reference to the elk season orientation.

 Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to § 141.47 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 141.47 to eliminate the outdated reference to the elk season orientation.

3. Persons Affected

 Persons interested or required to receive important information about hunting elk within this Commonwealth will be affected by this final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding this final-form rulemaking.

5. Cost and Paperwork Requirements

 This final-form rulemaking should not result in any additional cost or paperwork.

6. Effective Date

 This final-form rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7. Contact Person

 For further information regarding this final-form rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202), referred to as the Commonwealth Documents Law and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

 (2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.

Order

 The Commission, acting under authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.47 to read as set forth in Annex A.

 (b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

 (c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: Fiscal Note 48-476 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter C. BIG GAME

§ 141.47. Elk seasons.

 (a) Archery elk season.

 (1) Permitted devices. It is lawful to hunt elk during the archery elk season with any of the following devices:

*  *  *  *  *

 (2) Prohibitions. While hunting elk during the archery elk season, it is unlawful to:

*  *  *  *  *

 (iii) Fail to mark the kill site after lawful harvest in accordance with instructions provided by the Commission.

*  *  *  *  *

 (b) Regular, extended and late firearms elk seasons and elk seasons established for the Special Conservation License and the Special License.

 (1) Permitted devices. It is lawful to hunt elk during the regular, extended and late firearms elk seasons and elk seasons established for the Special Conservation License and the Special License with any of the following devices:

*  *  *  *  *

 (2) Prohibitions. While hunting elk during the regular, extended and late firearms elk seasons and elk seasons established for the Special Conservation License and the Special License, it is unlawful to:

*  *  *  *  *

 (iii) Fail to mark the kill site after lawful harvest in accordance with instructions provided by the Commission.

*  *  *  *  *

[Pa.B. Doc. No. 22-773. Filed for public inspection May 27, 2022, 9:00 a.m.]

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